Extraordinary powers contemplated in the Development Plan

For this Monday, February 6, the presentation of the final project of the National Development Plan of the Government of Gustavo Petro is scheduled.

Hours before, Briefcase He knew a draft of the document that would reach the Congress of the Republic, which includes 240 points.

(Development Plan would propose investments for $1.154 billion).

The draft highlights some extraordinary powers that are given to the President of the Republic on several fronts, including modifying the Superintendencies of Companies and Industry and Commerce.

Here we tell you what they are:

“In accordance with the provisions of numeral 10 of article 150 of the Political Constitution, the President of the Republic is vested with precise extraordinary powers, for a term of six (6) months, counted from the date of publication of this Law, to regulate the alternative uses of the coca plant and cannabis, for medicinal, therapeutic and scientific purposes of psychoactive substances”says the project.

The document also contemplates powers to the President of the Republic to issue decrees with the force of law, in order to modify the Families and Youth in Action programs and incorporate them into the Transfer System.

According to the draft, the President is also given extraordinary powers for six months to create the entity or body called the National Digital Security Agency, a decentralized entity of the national order, which is part of the Executive Branch, with legal status, administrative autonomy, finance and own patrimony, attached to the Administrative Department of the Presidency of the Republic.

(The key points that the articles of the Development Plan would have). ​

“This entity will be responsible for the planning, articulation and management of digital security risks in the country and will be the institutional and coordination support for the definition, execution, monitoring and control of strategies, plans and actions aimed at strengthening trust and security of all interested parties in the digital field”, says the text.

The document also contemplates powers to the President to create a public entity whose main objective is the promotion of the construction, improvement and conservation of local or regional roads, in the national territory, in cooperation with the Departments, Municipalities, Municipalities and Police Stations; or with other official, semi-official and private entities.

“The entity that is created by virtue of the extraordinary powers granted herein will assume the functions that any other entity of the national order is executing in this same matter. Likewise, the President of the Republic will define the legal nature, the applicable legal regime, and the way in which he will receive the resources that will make up this entity, including those derived from the assumption of functions performed by other entities.

The Bicentenario Group will continue to submit exclusively to the regime of mixed economy companies not assimilated to that of industrial and commercial companies of the State, regardless of the participation of public capital in its assets.

Therefore, the labor regime of all the workers of the Bicentennial Group will be that of mixed economy companies not assimilated to industrial and commercial companies of the State and the rules established in the Substantive Labor Code.

“In order to guarantee adequate management of the public financial service, under market conditions that allow the competition of state companies with their private sector counterparts, in accordance with the provisions of article 150, numeral 10, of the Political Constitution , vest the President of the Republic with precise extraordinary powers, for a term of six (6) months, counted from the date of entry into force of this law, to homogenize the provisions that regulate the governance and regimes of the public financial services entities”. says the text.

Finally, the bill would also empower the President of the Republic to “determine and modify the objectives, functions and powers related to the exercise of inspection, surveillance and control functions, including the sanctioning regime in charge of the Superintendencies of Companies and of Industry and Commerce”.

These powers would also allow “harmonize and refine current regulations to establish the instruments required to implement the Reindustrialization Policies and strengthening of the popular and community economy, including the definition of non-tax incentives, mechanisms to promote alliances to attract sustainable foreign direct investment and transfer technology, assignment and management of assets and financing schemes for the strengthening of production”.

BRIEFCASE